Reconsiderations of DA decisions and appeals
People who have applied for development approval can ask for a decision to be reconsidered.
This process is undertaken by the Planning and Land Authority.
Applicants are required to complete an application form setting out the grounds for reconsideration and pay a fee. The Planning and Land Authority has 20 working days (this may be extended) to reconsider a decision.
A Planning and Land Authority delegate (more senior than the person who made the original decision) will be appointed to reconsider the decision.
Code track reconsiderations
Due to changes in planning law very few applications currently fall in the code track.
However, if a code track development is approved subject to conditions, applicants can apply for reconsideration within 20 working days of being told about the decision. Applicants can not request reconsideration of a decision when the DA has been refused.
Merit and Impact track reconsiderations
An application for reconsideration does not prevent the applicant appealing the decision in the ACT Civil and Administrative Appeals Tribunal (ACAT) if they are dissatisfied with the reconsidered decision.
However, once an applicant or a third party appellant lodges an appeal in the ACAT, the Planning and Land Authority is unable to accept a reconsideration application or make a decision on an application already lodged.
ACT Civil and Administrative Appeals Tribunal appeals
Appeals are conducted through the ACT Civil and Administrative Appeals Tribunal (ACAT).
Who can ask for decision to be reviewed and who can appeal a decision is set out in Schedule 1 of the Planning and Development Act.
Code track ACAT appeals by applicants
If a code track development is approved subject to conditions, the applicant can appeal the decision within 20 working days of being told about the decision. Applicants can not request a appeal when the DA has been refused.
Merit and impact track ACAT appeals by applicants
When a merit or impact track DA has been approved subject to conditions or refused, applicants can appeal a decision where:
- the proposal is subject to a rule and does not comply with the rule; or
- no rule applies to the proposal.
Appeals by third parties
ACAT appeals by third parties:
- are not available for applications that went through minor public notification
- are available for those merit or impact track development applications that went through the major notification process, unless exempt by regulation.
Third party appellants must:
- lodge appeals no later than four weeks after the day the reviewable decision was made
- establish that the DA decision is considered reviewable
- establish that they made a representation on the DA during the public notification period or have a reasonable reason for not doing so
- establish that they could suffer material detriment if the development approval were to be granted.
Material detriment means the development would adversely affect the person's use or enjoyment of their land. Increased business competition is not considered to be material detriment.
How to apply for reconsideration of a decision
Complete the reconsideration form.
How to appeal a decision
More information about appealing a decision in the ACAT is contained in a notice of decision, which is sent to all parties who made representations to the Planning and Land Authority about a development.
Further information can be found on the ACAT website at: www.acat.act.gov.au.